18310 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 

Methodology: Respondents may 

submit the information by e-mail using 

DS–4048, an Excel electronic 

spreadsheet, or by letter using the fax or 

postal mail. 

Dated: March 23, 2007. 

Gregory M. Suchan, 

Deputy Assistant Secretary for Defense Trade 

Controls, Bureau of Political-Military Affairs, 

Department of State. 

[FR Doc. E7–6874 Filed 4–10–07; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

[Public Notice 5751] 

Bureau of Political-Military Affairs; 

Statutory Debarment of ITT 

Corporation Pursuant to the Arms 

Export Control Act and the 

International Traffic in Arms 

Regulations 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

persons convicted of violating Section 

38 of the Arms Export Control Act, as 

amended, (‘‘AECA’’) (22 U.S.C. 2778) 

are statutorily debarred pursuant to 

Section 38(g)(4) of the AECA and 

Section 127.7(c) of the International 

Traffic in Arms Regulations (‘‘ITAR’’) 

(22 CFR 127.7(c)). On March 28, 2007, 

in the United States District Court for 

the Western District of Virginia, ITT 

Corporation entered a guilty plea to the 

willful export of defense articles 

without a license, in violation of Section 

38 of the AECA and Sections 127.1(a) 

and 127.3 of the ITAR. 

EFFECTIVE DATE: March 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

David Trimble, Director, Office of 

Defense Trade Controls Compliance, 

Bureau of Political-Military Affairs, 

Department of State (202) 663–2700. 

SUPPLEMENTARY INFORMATION: Section 

38(g)(4) of the AECA, 22 U.S.C. 

2778(g)(4), prohibits the Department of 

State from issuing licenses for the 

export of items on the U.S. Munitions 

List, where the applicant or any party to 

the export, has been convicted of 

violating certain statutory provisions, 

including Section 38 of the AECA. In 

implementing this provision, Section 

127.7 of the ITAR, 22 CFR 127.7, 

provides for ‘‘statutory debarment’’ of 

any person who has been convicted of 

violating or conspiring to violate the 

AECA. Persons subject to debarment are 

prohibited from participating directly or 

indirectly in the export of defense 

articles, including technical data, or in 

the furnishing of defense services for 

which a license or other approval is 

required. 

On March 28, 2007, in the United 

States District Court for the Western 

District of Virginia, ITT Corporation 

entered a guilty plea to the willful 

export of defense articles without a 

license, in violation of Section 38 of the 

AECA and Sections 127.1(a) and 127.3 

of the ITAR. Pursuant to Section 38(g)(4) 

of the AECA and Section 127.7(c) of the 

ITAR, ITT Corporation is statutorily 

debarred. The Acting Assistant 

Secretary of State for Political-Military 

Affairs after a full review of the 

circumstances, finding that appropriate 

steps have been taken to mitigate any 

law enforcement concerns, has decided 

to except out of the statutory debarment 

all present ITT Corporation business 

units but the culpable ITT entity 

responsible for the violations resulting 

in the aforementioned plea, ITT-Night 

Vision Division. 

The Acting Assistant Secretary for 

Political-Military Affairs has 

determined, based on the underlying 

nature of the violations, the debarment 

period shall be for three years, however, 

the Department will consider 

reinstatement requests from debarred 

persons one year after the date of 

debarment. At the end of the debarment 

period, export privileges may be 

reinstated only at the request of ITT 

Corporation, followed by interagency 

consultations, after a thorough review of 

the circumstances surrounding the 

conviction, and a finding that 

appropriate steps have been taken to 

mitigate any law enforcement concerns 

as required by Section 38(g)(4) of the 

AECA. Unless export privileges are 

reinstated, however, ITT Corporation 

will remain debarred. 

Exceptions, also known as transaction 

exceptions, may be granted with respect 

to this debarment on a case-by-case 

basis at the discretion of the Assistant 

Secretary of State for Political-Military 

Affairs after a thorough review of the 

circumstances surrounding the 

conviction, and a finding that 

appropriate steps have been taken to 

mitigate any law enforcement concerns. 

Such exceptions have been granted with 

respect to certain existing authorization 

and pending authorizations for key 

programs involving ITT-Night Vision 

Division that have been identified as 

being necessary to U.S. national security 

and foreign policy interests. Approvals 

of future requests for authorizations may 

be granted after a full review of all 

circumstances to include law 

enforcement concerns and whether an 

exception is warranted by overriding 

U.S. foreign policy or national security 

interests, or whether an exception 

would further law enforcement 

concerns that are consistent with foreign 

policy or national security interest of 

the United States, and whether other 

compelling concerns exist that are 

consistent with the foreign policy or 

national security interests of the United 

States. 

Debarred persons are generally 

ineligible to participate in activity 

regulated under the ITAR (see e.g., 

Sections 120.1(c) and (d) and 127.11(a)). 

Pursuant to Section 127.1(c) of the 

ITAR, any person who has knowledge 

that another person is subject to 

debarment or is otherwise ineligible 

may not, without disclosure to and 

written approval from the Directorate of 

Defense Trade Controls, participate, 

directly or indirectly, in any export in 

which such ineligible person may 

benefit or have any direct or indirect 

interest. 

This notice is provided to make the 

public aware that the parties listed 

above, unless an exception applies, are 

prohibited from participating directly or 

indirectly in activities regulated by the 

ITAR, including any brokering 

activities, and in any export from or 

temporary import into the United States 

of defense articles, related technical 

data, or defense services in all situations 

covered by the ITAR. Specific case 

information may be obtained from the 

Office of the clerk for the U.S. District 

Court mentioned above. 

Dated: March 26, 2007. 

Stephen D. Mull, 

Acting Assistant Secretary for PoliticalMilitary Affairs. 

[FR Doc. E7–6869 Filed 4–10–07; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

[Public Notice 5683] 

Notice of Charter Renewal for the 

Advisory Committee on Historical 

Diplomatic Documentation 

The Advisory Committee on 

Historical Diplomatic Documentation 

has renewed its charter for an additional 

period of two years. This Advisory 

Committee will continue to make 

recommendations to the Historian and 

the Department of State on all aspects of 

the Department’s program to publish the 

Foreign Relations of the United States 

series as well as on the Department’s 

responsibility under statute (22 U.S.C. 

4351, et seq.) to open its 30-year old and 

older records for public review at the 

National Archives and Records 

Administration. The Committee consists 

of nine members drawn from among 


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